In a significant ruling, the Delhi High Court has clarified the extent of rights available to foreigners in India, emphasizing that their fundamental rights are confined to life and liberty as per Article 21 of the Indian Constitution. This decision, delivered by a Division Bench comprising Justices Suresh Kumar Kait and Manoj Jain, underscores the limited scope of rights for foreigners in the country.
The court stated,
“We may also note that a foreign national cannot claim that he has the right to reside and settle in India in terms of Article 19 (1) (e) of the Constitution of India… Fundamental Right of any such foreigner or suspected foreigner is limited to the one declared under Article 21 of the Constitution of India i.e., Fundamental Right for life and liberty…”
This statement delineates the boundary between the rights of citizens and non-citizens in India.
This ruling aligns with the precedent set by the Supreme Court in the 1955 case of Hans Muller of Nurenburg v Superintendent, Presidency Jail, Calcutta. In this landmark judgment, the Supreme Court had observed that the Government of India’s power to expel foreigners is absolute and unrestricted, and the Constitution does not limit this discretion.
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The context of this recent judgment involves the case of Azal Chakma, a suspected Bangladeshi national. Chakma was detained at the Indira Gandhi International Airport in Delhi in October 2022. Allegations against him included traveling to India on a Bangladeshi passport and subsequently acquiring Indian documents, including a passport, through fraudulent means. The Indian authorities later revoked these documents.
The court was informed that Chakma’s movements were restricted under Section 3 (2) (e) of the Foreigners Act of 1946, read with Section 11 (2) of the Foreigners Order of 1948. Furthermore, the High Commission of Bangladesh had issued travel permit documents for Chakma’s repatriation, and he was to be deported once a confirmed air ticket was arranged by the Embassy of Bangladesh.
This decision by the Delhi High Court is a clear indication of the legal stance on the rights of foreigners in India, particularly concerning their ability to reside and settle in the country. It reinforces the principle that while fundamental rights to life and liberty are universal, other rights, such as the right to reside and settle, are reserved for citizens.
